The Land Register System in Region of Trentino Alto Adige
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by Flavio Margonari - 1 The Land Register System in Region of Trentino Alto Adige System of records of the rights possession on the real base with the constitutive effect of through right recording by Flavio Margonari - 2 1 In Italy currently operate two different system of record of rights possession open to the public In the territories of ex Habsburg Empire operates “Land Register System” based on the Austrian law n.95 from 25/07/1871 In the national territory operates the system based on: “transcription” inspired by French law from 23/03/1855 by Flavio Margonari - 3 the Land Register System in Italy the system of Land Register is actually in use in Italian areas which made part of Habsburg Empire until 1918 Region of Trentino Region of Region of Veneto : Region of Alto Adige : Friuli Venezia Giulia: Lombardia : in all the in the Communities in all the Communities in in Cortina in the Communities in Province of Trieste and d’Ampezzo (BL) Communities in Province of Trento Gorizia and in 15 and Pedemonte Magasa and and Bolzano Communities (*) in (VI) Valvestino (BS) Province of Udine (*) = Aiello del Friuli, Aquileia, Campolongo al Torre,Cervignano del Friuli, Chiopris-Viscone, Fiumicello, Malborghetto-Valpurna,Pontebba, Ruda, San Vito al Torre, Tapogliano, Tarvisio, Terzo di Aquileia, Villa Vicentina, Visco by Flavio Margonari - 4 2 what is peculiar to SYSTEM TRANSFER of the Properties and inscription stipulation CONSTITUTION or TRANSFER in the notarial deed of the Real Rights + LAND REGISTER = (right of usufruct - use - right of occupancy - emphyteusis -area -right of way -any other business - mortgage) by Flavio Margonari - 5 the LAND REGISTER SYSTEM on a REAL BASE all the inscriptions of Land Register are directly reported to the parcels of the Cadastral Carthography by Flavio Margonari - 6 3 the “PARTITA TAVOLARE” the inscriptions in the Land Register are made into “collection” called “PARTITA TAVOLARE” each “PARTITA TAVOLARE” including the parcels lying in the territory of the same Cadastral Municipalities and belonging to the same owner by Flavio Margonari - 7 the “PARTITA “TAVOLARE” Cadastral Municipalities n° Partita Tavolare Sheet A1 of consistence (number of cadastral parcel ) the Cadastre Cartography” Sheet A2 the right of possession in favour of the olders Sheet B the holder of particles Sheet C perfect concordance between land charges recording in the Land Register and act of the Cadastre computerised from 31- 12 - 2008 by Flavio Margonari - 8 4 the fundamental principles of “LAND REGISTER” INSCRIPTION LEGALITY PUBBLIC TRUST the inscription in the “LAND REGISTER” the PROPERTY no registration is as valid title compared and the others REAL can be made at “LAND to the others, so that are RIGHTS are not to be REGISTER” if it wasn’t put in considered existing towards to ACQUIRED or order their recorded entitlements even if TRANSFERRED on “decree” by magistrate they emerge as non-existing. by act between alive (judge) As it isn’t recorded persons unless with their after checking in the Land Register it can not to recording the validity and the right be objected to the others in the “LAND REGISTER” of title even if it really exists by Flavio Margonari - 9 the concordance Acts of CADASTRE - LAND REGISTER each modification at the configuration of the state of real estates must be accomplished in the acts of Land Register as well as in the acts of the Cadastre modifications modifications exclusively exclusively “SUBJECTIVE” “OBJECTIVE” by Flavio Margonari - 10 5 the modifications exclusively “subjective” for exemple : Mr. Rossi sells to Mr. Bianchi the cadastral parcel 100 as it is rapresented in the Cadastral Carthography the Land Register when the NOTARY, in the CADASTRE takes performed stipulated the purchase place the the record contract, trasmission/change into “PartitaTavolare”, asks for from the precedent holder determines the record (Mr. Rossi) CADASTRE at the LAND REGISTER to the new holder TRASMISSION/CHANGE (Mr. Bianchi) in this way is guaranteed the highest level of the alignment between “subjective” findings of the acts of the Land Register and the acts of Cadastre by Flavio Margonari - 11 the modifications exclusively “objective“ for example: Mr. Rossi divides the cadastral particle 100 in two portions 100/1 e 100/2 SURVEYOR CADASTRE OFFICE makes the Land Register makes makes the a control of technical congruency the FINAL recording of measurements and and booking (introducing the the plan of division into processes of the PLAN PROVISIONAL modifications) “Partita Tavolare” OF DIVISION the plan of division into the cartography the CADASTRE introduces in the Cartography in the FINAL way the modification as the result in the Plan of Division and only when recording is done in the Land Register In this way is guaranteed the highest level of alignment between the “objective” findings of the acts of the Land Register and the acts of Cadastre by Flavio Margonari - 12 6 Thank you for your kind attention by Flavio Margonari - 13 7.